The Idea of the State
Updated: Jan 13
Pp. 40-42 Hegel, Georg Wilhelm Friedrich. Philosophy of History. Translated by John Sibree. New York: Colonial Press, 1900.
The development in extenso of the Idea of the State belongs to the Philosophy of Jurisprudence; but it must be observed that in the theories of our time various errors are current respecting it, which pass for established truths, and have become fixed prejudices. We will mention only a few of them, giving prominence to such as have a reference to the object of our history.
The error which first meets us is the direct contradictory of our principle that the state presents the realization of Freedom; the opinion, viz., that man is free by nature, but that in society, in the State — to which nevertheless he is irresistibly impelled — he must limit this natural freedom. That man is free by Nature is quite correct in one sense; viz., that he is so according to the Idea of Humanity; but we imply thereby that he is such only in virtue of his destiny — that he has an undeveloped power to become such; for the “Nature” of an object is exactly synonymous with its “Idea.” But the view in question imports more than this. When man is spoken of as “free by Nature,” the mode of his existence as well as his destiny is implied. His merely natural and primary condition is intended. In this sense a “state of Nature” is assumed in which mankind at large are in the possession of their natural rights with the unconstrained exercise and enjoyment of their freedom. This assumption is not indeed raised to the dignity of the historical fact; it would indeed be difficult, were the attempt seriously made, to point out any such condition as actually existing, or as having ever occurred. Examples of a savage state of life can be pointed out, but they are marked by brutal passions and deeds of violence; while, however rude and simple their conditions, they involve social arrangements which (to use the common phrase) restrain freedom. That assumption is one of those nebulous images which theory produces; an idea which it cannot avoid originating, but which it fathers upon real existence, without sufficient historical justification.
What we find such a state of Nature to be in actual experience, answers exactly to the Idea of a merely natural condition. Freedom as the ideal of that which is original and natural, does not exist as original and natural. Rather must it be first sought out and won; and that by an incalculable medial discipline ‘ of the intellectual and moral powers. The state of Nature is, therefore, predominantly that of injustice and violence, of untamed natural impulses, of inhuman deeds and feelings. Limitation is certainly produced by Society and the State, but it is a limitation of the mere brute emotions and rude instincts; as also, in a more advanced stage of culture, of the premeditated self-will of caprice and passion. This kind of constraint is part of the instrumentality by which only, the consciousness of Freedom and the desire for its attainment, in its true — that is Rational and Ideal form — can be obtained. To the Ideal of Freedom, Law and Morality are indispensably requisite; and they are in and for themselves, universal existences, objects and aims; which are discovered only by the activity of thought, separating itself from the merely sensuous, and developing itself, in opposition thereto; and which must on the other hand, be introduced into and incorporated with the originally sensuous will, and that contrarily to its natural inclination. The perpetually recurring misapprehension of Freedom consists in regarding that term only in its formal, subjective sense, abstracted from its essential objects and aims; thus a constraint put upon impulse, desire, passion — pertaining to the particular individual as such — a limitation of caprice and self-will is regarded as a fettering of Freedom. We should on the contrary look upon such limitation as the indispensable proviso of emancipation. Society and the State are the very conditions in which Freedom is realized.
We must notice a second view, contravening the principle of the development of moral relations into a legal form. The patriarchal condition is regarded — either in reference to the entire race of man, or to some branches of it — as exclusively that condition of things, in which the legal element is combined with a due recognition of the moral and emotional parts of our nature; and in which justice as united with these, truly and really influences the intercourse of the social units. The basis of the patriarchal condition is the family relation; which develops the primary form of conscious morality, succeeded by that of the State as its second phase. The patriarchal condition is one of transition, in which the family has already advanced to the position of a race or people; where the union, therefore, has already ceased to be simply a bond of love and confidence, and has become one of plighted service. We must first examine the ethical principle of the Family. The Family may be reckoned as virtually a single person; since its members have either mutually surrendered their individual personality, (and consequently their legal position towards each other, with the rest of their particular interests and desires) as in the case of the Parents; or have not yet attained such an independent personality — (the Children — who are primarily in that merely natural condition already mentioned). They live, therefore, in a unity of feeling, love, confidence, and faith in each other. And in a relation of natural love, the one individual has the consciousness of himself in the consciousness of the other; he lives out of self; and in this mutual self-renunciation each regains the life that had been virtually transferred to the other; gains, in fact, that other’s existence and his own, as involved with that other. The farther interests connected with the necessities and external concerns of life, as well as the development that has to take place within their circle, i.e., of the children, constitute a common object for the members of the Family. The Spirit of the Family — the Penates — form one substantial being, as much as the Spirit of a People in the State; and morality in both cases consists in a feeling, a consciousness, and a will, not limited to individual personality and interest, but embracing the common interests of the members generally. But this unity is in the case of the Family essentially one of feeling; not advancing beyond the limits of the merely natural. The piety of the Family relation should be respected in the highest degree by the State; by its means the State obtains as its members individuals who are already moral (for as mere persons they are not) and who in uniting to form a state bring with them that sound basis of a political edifice — the capacity of feeling one with a Whole.